Arjun Surinder Chawla v. Dr. D.Y. Patil Vidyapeeth (Deemed University) And ORS.

1/2 (910)WP-1125-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1125 OF 2018 Arjun Surinder Chawla .. Petitioner

Versus

Dr.D.Y.Patil Vidyapeeth (deemed University) & ors .. Respondents ...

Mr.Mihir Desai, Senior counsel i/b Ms.Devyani Kulkarni for the petitioner.

Mr. A.V.Anturkar, Senior counsel i/b Amol Gatne for respondent no.1.

CORAM: S.C. DHARMADHIKARI & SMT. BHARATI H.DANGRE, JJ.

DATED : 28th JUNE 2018 P.C:- The petitioner challenges the order of expulsion. The Registrar of the Dr.D.Y.Patil Vidyapeeth Pune (deemed University) communicated to the petitioner the decision of the Board of Management, which Board accepts the recommendations of the Inquiry Committee appointed to investigate the complaints against the petitioner. On 29th June 2017, this Committee forwarded its recommendations which contain the details of the act of indiscipline and misconduct in the college campus. The University/College campus as also the Tilak

2/2 (910)WP-1125-18 hostel premises witnessed these acts of indiscipline/ misbehaviour on the part of the petitioner and which were enquired into. At that inquiry, the petitioner was given full opportunity to place his version. That version was that he was ragged and harassed at the premises and that led to some retaliating act on his part. No substance was found in this explanation and it was not backed by any relevant, cogent and satisfactory material. In such circumstances, the punishment of expulsion was inflicted and that was not disturbed in appeal. The orders impugned are therefore fairly reasoned and we do not see why we should, in our jurisdiction under Article 226 which is discretionary, equitable and extra-ordinary interfere with the impugned orders.

That would place a premium on the activities of the petitioner, whether it is a private institution, deemed university, university or a state educational institution, students have to conduct themselves in an orderly and disciplined manner. The explanation with regard to the ailment, the psychological condition as also other mitigating circumstances has been duly considered.

In the circumstances, we do not find any merit in the petition and it is dismissed.

(SMT. BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI, J.) Tilak